IN THE HIGH COURT AT CALCUTTA CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Ananya Bandyopadhyay C.R.A. 650 of 2013 Rabi Roy & Anr.

-Vs-

The State of West Bengal For the Appellants : Mr. Apalak Basu (Amicus Curiae)

For the State : Ms. Faria Hossain Mr. Anand Keshari Heard on : 27.02.2024, 12.03.2024, 25.04.2024, 22.05.2024, 04.10.2024 Judgment on : 24.04.2025 Ananya Bandyopadhyay, J.:-

1. This appeal is preferred against a judgment and order of conviction dated

07.05.2013 & 08.05.2013 passed by the Learned Additional Sessions Judge, Sadar, Cooch Behar in Sessions Trial No.8(02)/11 arising out of Sessions Case No.10/2011 convicting the appellants under Section 489C of the Indian Penal Code and sentencing him to suffer rigorous imprisonment for 5 years.

2. The prosecution case precisely stated on 26.06.07 at 16:25 hours the complainant reached in front of the shop of Pranabesh Majumder, Station Road, Haldibari and found the appellants were standing with FICN. The FICN was given to Rajib Roy (PW-11), the worker of the shop by Dipu Roy (appellant no.2). The complainant interrogated and arrested the appellants at 16:35 hours. The I.C. and B.D.O. of Haldibari came